Kandel (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 602 (Medical Treatment) visa. The applicant sought review of a decision to refuse their visa application.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given the timing of its lodgement. Specifically, the Tribunal had to determine if the application for review was made within the time prescribed by the relevant migration legislation.

The Senior Member found that the application for review was received by the Tribunal on 19 September 2023. As this date was outside the statutory timeframe for making such an application following notification of the visa refusal, the Tribunal concluded that it lacked jurisdiction to proceed with the review. Consequently, the Tribunal made no order other than to state that it did not have jurisdiction in the matter.